Michael H. and Barbara Selter - Page 11




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          Consistent with the preceding discussion, we shall grant                    
          respondent's Motion to Dismiss for Lack of Jurisdiction.4                   
               To reflect the foregoing,                                              


                                             An order of dismissal for                
                                        lack of jurisdiction will be                  
                                        entered.                                      
























          4  Although petitioners cannot pursue their case in this                    
          Court, petitioners are not without a remedy.  In short,                     
          petitioners may pay the tax, file a claim for refund with the               
          Internal Revenue Service, and if the claim is denied, sue for a             
          refund in the Federal District Court or the Court of Federal                
          Claims.  See McCormick v. Commissioner, 55 T.C. 138, 142 (1970).            





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